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Davidoff

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About Davidoff

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  1. Hi I also have a supposedly "true" copy of a CCA which is for 2001. I have also asked a DCA for a proper "photocopy" of my alleged CCA and may well have to go down the same route as you. However, I was ridiculed by DX of this site team because, as he put it, " quite honestly, your really need to drop the 'hope' that a paperwork wriggle will get you out of paying this debt". Seeing as how most. if not all, law is based on proof of evidence, all paperwork, including a CCA, is essential, and the DCA not having one is not a "wriggle". As such I believe that you have a good case and wish you well. Please keep the site informed of the outcome - and again, all the best.
  2. Davidoff

    Egg Debt

    Thanks dx100uk for tidying up my thread, much appreciated. Is it possible for someone to look at the documents to see if anything can be used against Cabot. Undercover Elsa was very good when I posted to this site before my bout of ill health (I suffered heart problems probably brought on by the stress of dealing with three CC companies circling like wolves) last time but I know she is extremely busy. I am pretty sure, but am unable to prove, that the date of the alleged CCA is not valid as I believe it should be earlier. The date on the first statement provided by Egg shows a date that precedes the alleged CCA by some time so am unable to use this as evidence. Should I make a follow up request to Egg for earlier statements to try and prove my belief and do I need to provide another fee if I do? As the CCA is pre 2007 I believe that I can ask for an exact photocopy of the agreement - please advise (or post a link). Thanks in anticipation.
  3. Davidoff

    Egg Debt

    Hi. I am not a lawyer, just an ordinary older guy who used to only buy what he could afford but who got into financial problems as a result of the depression. - Help!
  4. Davidoff

    Egg Debt

    Hi I am just a layman so comments like the one above regarding I need to read up on contract law are not actually very helpful. As a layman I will therefore ask the following: Are the CCA and the debt both legally sold on when the original CCA had no clause in it that allowed the sale of the agreement or debt to anyone else? My alleged Egg CCA, dated 2001, had no statement in it which allowed them to sell it on. The info I was given re the sale of a debt to another agency was gleaned from another site mainly composed of legal people which is why I asked the question. The full quote from that site is shown below: "Only the original creditor can issue a Default notice, as a DCA is not entitled to issue one due to them not being the original party to the agreement. I.e. once it is sold to a DCA (Assigned) they become the owners of the account, but the credit agreement ceases to exist, though the debt still does. So because the agreement between [the borrower] and the original creditor ceases to exist so does the provision to issue a Default Notice under section 81 of the consumer credit act which regulates said agreement. So there is no credit agreement regulated under the said act between [the borrower] and the DCA. Even if sold back to the creditor the creditor can not reinstate the agreement in order to re-issue a valid DN without your consent." Your assistance to clear up any confusion I have would be appreciated. Please note that I am only after the type of helpful advice I have received before on this site.
  5. Davidoff

    Egg Debt

    Hi. I'm not sure on this but perhaps someone would be able to confirm or otherwise. As I understand it when a company buys a debt they do not actually buy the agreement and as such they would not be able to enforce any agreement you had with the original company. Surely under contract law only the original company would be owners of the contract as the debtor has not signed a new contract with the company that has bought he debt
  6. Davidoff

    Egg Debt

    Hi again Sorry but I made an incorrect statement in my first post. The first statement is actually later than the date on the CCA, not earlier as previously stated.
  7. Davidoff

    Egg Debt

    Hi All. It is now some time since I was able to report here as I have had a bout of ill health. However, up to date I have agreements with M&S and MBNA, although the M&S one is reviewed every 6 months and they have, because of a change of rules within M&S, also given me a DN. My biggest problem now is with Cabot and Egg. I have attached the Egg CCA that Egg and Cabot have supplied me with. There are some problems with the CCA as I believe it is, but am unable to prove that it as yet, a fraudulent one. I believe the signature box has been added to the CCA as it has some marks just above and below the box where I believe they have tried to align the box on the page. Also on the same page there is a "2" just below the box which does not appear to have a reason to be there and the sentence at the bottom of the page is not completed anywhere. The date of the CCA is later than the statement they have given me and that has a start balance which is larger than zero and has no explanation of how it got there. I have reiterated to Cabot that the alleged agreement was sold on whilst the alleged debt was in dispute but they have denied this is the case and are pursuing me for the debt. I have letters to support my facts both sent by me and received by me from Egg. Would someone look at the CCA and statement to see if there is anything in law I can do to get rid of Cabot. I will try and upload the T&C's to see if anyone can also see something wrong with them. Here is also the DN that was sent to me whilst I had been informed by Egg over the phone that my offer had been accepted. I first reported my problems in paying on 22/06/09. and asks them to freeze interest and charges for a period of 6 months, as advised by the CAB, as I had no job or money. I never received there acceptance in writing although I did get it again verbally when I rang them up after I reviewed several statements on line had found i was being charged interest and charges. The facility to look at my statements on line was taken away from me so I was unable to gather evidence but later on I managed to get a copy sent to me by email which showed that i had been charged what they called Merchandise interest. I challenged them on the phone and was informed this was a mistake and would be taken off. Unfortunately this didn't happen and later on someone said this was correct and that interest was being charged to my accountant a rate of 0.16% per month and a transfer charge of 0.16%per month I received a letter on 07/08/09 stating that I hadn't sent the £1 charge required for the CCA but they had used the money I sent to pay off some of my debt rather than supply me with the CCA. I sent a lette back on the 24/08/09 stating that I had and then on 3/09/09 I received the DN. I hav all the docs sent to me by Egg and the letters I sent to them but will not bore you with them. many are in my opinion disinformation to try and confuse me. If you need anymore info please let me know. Thanks in anticipataion. Egg CCA .pdf Egg Statement.pdf Egg T&C .pdf Egg DN .pdf
  8. Hi First statement is dated May 2001, shows an opening balance of £xxxx but no transactions or transfers from any other account before the opening balance. I have also just noticed that the CCA has the date I am supposed to have applied for the credit card after the date against the signature of the Egg Card Product Manager, so apparently Abby Hibbert signed the CCA before I applied for the CCA. E.g I signed it on say15 April 2001 but Abby Hibbert signed it on 11 April 2001. I don't think this is correct, do you?
  9. I got my SAR this week. I am pretty sure its not complete though as it starts in 2001 and I know that I took this alleged agreement out some time previous to that . It also doesn't have an opening statement so I'm thinking that they don't have the agreement anymore and decided to make up a date and start the CCA and the SAR from the same date. In addition I received a copy of a letter to another Egg CC customer, who is using a CC Litigation solicitor, and a screen dump of the same person in the SAR documents. Data protection act mistake by Egg methinks!! I also received a copy of a screen dumped, mocked up, credit card agreement dated 2001 with my signature in a box superimposed on it and another box with the signature of Abbey Hibbert, Egg Card Product Manager, also superimposed on it. Also it was incomplete as it only had some of the terms and conditions, not all. It also had a copy of the current CCA terms and conditions. Seeing as I took the alleged CCA out some considerable time previous to this I know it is a fake. As far as I can see all docments before 2001 appear to have been destroyed. My dilemma now is what to do next as if I claim that the document is a fake because I took out the agreement earlier I also admit to taking out the agreement. Can anyone advise. I have been through to the credit reference agencies to get 2 DN's removed as my alleged CCA was in dispute for Egg and they sold on the debt to Cabot who have also raised a DN against me even though they agreed to back off until Egg provided the CCA. The funny thing is that Egg have also got an entry on the reference agency which shows the status as "Satisfactory settled" for the same credit card. I presume this is because they sold it on to Cabot. The credit ref agency have written to the 2 companies for explanations but if they don't get removed I'll be on to the regulator.
  10. Oh, and I noticed that the wording in the letter states thyat it reproduces the terms and conditions, i.e. it is probably a reconstruction of the original document. This is a ruse used by CC companies and refers to an old term which allowed for hand copying before photocopiers existed, so copies had to be done by hand. I'm pretty sure that this has been disallowed by a court but I can't remeber the case. Does anyone else know?
  11. Hi The letter is the same as I received after lots and lots of complaints about not receiving my CCA. I didn't send another £1 and CCA request as I didn't want to give them the opportunity to start the clock again. I still haven't received the CCA so they are lying to me (again) by saying that they have sent me my CCA. I am not fully conversent with all the techy bits but I can't see either your signature or the signature of the credit supplier on the CCA. As such and because it is an old CCA I believe it is unenforceable. Looks good for you.
  12. Davidoff

    MBNA Debt.

    Thanks Cartaphilus, I have sent them a letter stating I will not entertain any more phone calls and that is the end of it. I have also sent them my own budget sheet which if they don't accept I will send a letter telling them to take me to court. Your reply was as short as it could be given the info I had posted previously - it's good to get confirmation that I am doing the right thing. I'll also do what you suggested with regard to blanking out my details and will post the DN's. Probably be tomorrow now though as I have to pick up wife from work and keep the toddler happy in the meantime.
  13. Davidoff

    Egg Debt

    Thanks Cerberusalert, I know a SAR is only £10 but BankFodder suggested I send one to both Egg and Cabot so that would be £20. I have never dealt with Cabot before this, so I may hold off on that one for now. Cheers everyone.
  14. Davidoff

    Egg Debt

    Thanks to you both - I will do as you suggest. I only hope that this time they do as I ask and it is not just £20 down the drain. Thanks again.
  15. Davidoff

    Egg Debt

    Thanks BankFodder Is it really worth sending a SAR to Egg. They never provided the agreement and have lied throughout all of my dealings with them so will they provide the information?
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